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Employers required to provide paid leave for COVID-19

April 2020 employment law letter
Authors: 
Jacob M. Monty, Monty & Ramirez LLP

The new COVID-19 paid leave laws are now in effect as of April 1. Although the government provided a grace period until April 17, employers must make reasonable, good-faith efforts to comply with the new laws during the interim.

Families First Coronavirus Response Act

On March 18, President Donald Trump signed into law the Families First Coronavirus Response Act (FFCRA), which aims to provide relief to American workers in the wake of the COVID-19 pandemic. The new law requires smaller private employers, as well as public employers, to provide work-protected leave under an expansion of the Family and Medical Leave Act (FMLA) and emergency paid sick leave beginning on April 1, 2020.

Do I have to provide paid leave for childcare?

If you are a covered employer, yes. Under the Emergency Family and Medical Leave Expansion Act (EFMLEA), private employers with fewer than 500 employees and public agencies (e.g., state and local governments, political subdivisions, and schools) must provide eligible employees with up to 12 weeks of job-protected leave if the employee is unable to work (or telework) because she is taking care of a child due to school or daycare being closed because of the COVID-19 pandemic. Eligible employees include any full-time or part-time employee who has been employed for at least the past 30 days. An employer of healthcare providers or emergency responders, however, can exclude its employees from the Act.

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